Delhi High Court
Pankaj Sherawat @ Pankaj vs State (Nct Of Delhi) on 23 June, 2020
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 23.06.2020
+ BAIL APPLN. 1071/2020
PANKAJ SHERAWAT @ PANKAJ ..... Petitioner
versus
STATE (NCT OF DELHI) .....Respondent
Advocates who appeared in this case:
For the Petitioner: Mr.Hemant Gulati, Advocate.
For the Respondent: Ms.Meenakshi Dahiya, APP for State.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Petitioner seeks interim bail for a period of six weeks in FIR
No.10/2015, Police Station Special Cell under Sections 3 & 4 of
MCOCA on the ground that his wife has to undergo surgery.
3. It is contended that the wife of the petitioner is suffering from
PIVD L3-L4, L4-L5 C disc prolapsed C Nerve Root Compression and
has been advised surgery. It is contended that apart from the petitioner
there is no other member of the family who can take care of the wife
of the petitioner.
BAIL APPLN. 1071/2020 Page 1
4. A detailed status report (3rd) has been filed on behalf of the
State vide diary No.470309. Same is not on record. However, a copy
of the same has been shared by learned APP for the State. Registry is
directed to place the status report on record.
5. As per the status report, the Investigating Officer had enquired
from the Orthopaedic, Shri Siddhi Vinayak Multi Speciality Hospital
and he has confirmed that the wife of the petitioner has to undergo a
major surgery and the hospital stay during pre and post surgery is
about 3-4 days and thereafter she requires about one month's rest.
6. Learned counsel for the petitioner points out that petitioner had
earlier been released on interim bail on 06.02.2018 for a period of 10
days and thereafter on 22.05.2018 for another 10 days.
7. Learned APP under instructions submits that there is no
complaint of misuse of any liberty during the period when the
petitioner was earlier released on interim bail.
8. It is contended by learned APP that there is a sister-in-law in
the house of the petitioner who can take care of the wife of the
petitioner.
9. Learned counsel for the petitioner submits that the sister-in-law
is not well and is not in a position to take care of the wife of the
petitioner.
10. Without commenting upon the merits of the case and keeping in
BAIL APPLN. 1071/2020 Page 2
view the facts and circumstances of the case and especially in view of
the fact that petitioner had earlier been released on interim bail and
there is no allegation that the petitioner had misused the liberty, on
petitioner furnishing a bail bond in the sum of Rs.50,000/- with two
sureties of the like amount to the satisfaction of the Superintendent
Jail, petitioner shall be released on interim bail for a period of four
weeks from the date of his release subject to the following
conditions:-
i. Petitioner shall surrender his passport to the IO, if not
already done so, and shall reside only within the
territorial limits/ jurisdiction of Delhi; and
ii. during the period of interim bail, Petitioner shall report
to concerned SHO on every alternate day; and
iii. Petitioner shall not approach any witnesses or threaten
them or try to hamper with the evidence so as to create
impediment to the holding of the fair trial. In case, there
is slightest effort on the part of the accused to misuse the
liberty, the prosecution shall file an application in this
court immediately for the cancellation of his interim bail;
and
iv. Petitioner shall also not interact with any person other
than his family members or doctors and his known, either
directly or on mobile phone or any other mode of
communication; and
v. petitioner shall provide his as well as the sureties mobile
numbers to the IO / SHO concerned.
vi. In case the surgery of the wife of the petitioner is not
performed on or before 30.06.2020, the interim
protection granted to the petitioner shall stand vacated
BAIL APPLN. 1071/2020 Page 3
and petitioner shall surrender to the concerned
Superintendent Jail forthwith.
vii. Petitioner shall also inform the IO/SHO concerned of the
medical condition of the wife from time to time.
11. Petition is allowed in the above terms.
12. Copy of the Order be uploaded on the High Court website and
be also forwarded to learned counsel for the Parties through email.
SANJEEV SACHDEVA, J.
JUNE 23, 2020
rk
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